RAHIM BAKHSH And Others vs AHMAD BAKHSH And Other
This petition for leave to appeal arises from a civil revision dismissed by the Lahore High Court, Bahawalpur Bench, concerning the inheritance of land originally owned by one Allah Bakhsh. Following his death, inheritance mutations were sanctioned for his widow, Mst. Almo, granting her a limited estate. Mst. Almo subsequently gifted a portion of this land to her brothers, the predecessors-in-interest of the petitioners. The respondents, collaterals of the deceased, challenged these transactions, asserting that Mst. Almo held only a limited estate and was entitled to a smaller share than claimed. The trial court, the District Judge, and the High Court all ruled against the petitioners, upholding the respondents' position. Before the Supreme Court, the petitioners argued that the lower courts failed to consider that even if Allah Bakhsh had died leaving sons who later predeceased him, Mst. Almo would have been entitled to an additional 1/6th share as the mother of those deceased sons, alongside her 1/8th share. Finding this contention regarding the calculation of inheritance shares worthy of further examination, the Supreme Court granted leave to appeal.
- Whether the failure of lower courts to examine a specific claim regarding the calculation of inheritance shares warrants the grant of leave to appeal?
- Does a widow holding a limited estate possess the legal right to gift land to her brothers to the detriment of the deceased's collaterals?
ORDER
1. Javaid Iqbal, J.--- This petition for leave to appeal is directed against the order of the Lahore High Court, Bahawalpur Bench, Bahawalpur dated 6 July, 1986 whereby civil revision of the petitioners was dismissed.
2. Briefly the facts are that one Allah Bakhsh whose collaterals are the respondents died and the two mutations of inheritance pertaining to the disputed land were sanctioned in favour of his widow Mst. Almo with regard to her limited estate in the said land. After about ten years she gifted away a portion thereof in favour of her two brothers i.e. Predecessors-in-interest of the petitioners.
3. Subsequently Mst. Almo died. The case of the petitioners was that Allah Bakhsh husband of Mst.
4. Almo had died issueless and that therefore Mst. Almo was entitled to inherit 1/4th share and not 1/8th share as awarded by the Courts below. Originally the trial Court decreed the suit in favour of the respondents holding that only limited estate had been devolved upon Mst. Almo and that mutations of gift/inheritance were illegal against the rights of the respondents who were collaterals of Allah Bakhsh deceased. Mst. Almo was held to be entitled to only 1/8th share which could be inherited by her brothers. The appeal of the petitioners before the District Judge, failed.
5. Thereafter their revision before the High Court was likewise dismissed as stated above. Hence the present petition.
6. It is contended by learned counsel that even if it could be accepted that Allah Bakhsh had not died issueless and that he had two sons who died subsequently, in that case besides inheriting 1/8th share, she was also entitled to inherit 1/6th share as mother of the two deceased sons of Allah Bakhsh and that this aspect of the case has neither been examined by the trial Court nor by theth appellate or even by the High Court. The contention raised by learned counsel requires further examination. Leave is therefore, granted in this case. Security to be deposited in the sum of Rs.5,000. Status quo order passed on 22nd February, 1987 in this case to continue.